1. 1. General. 
      1. Neighborhood Types. Establish descriptions of cluster, planned, and tiny house neighborhood types together with dimensional standards that permit their development. 
      2. Building, Frontage, and Open Space Types. Establish standards for the housing and building types, frontage types, and civic and open space types allowed in each character district or as associated with each building type; and
      3. Large Development Sites. Establish standards for large development sites.
   2. Lots. Consolidate provisions related to lot dimensions and density.
   3. Buildings, Elements, and Utilities. 
      1. Encourage Safety. Provide for the structural integrity, safety, durability, and improved maintenance of the facades of buildings;
      2. Promote Diversity. Promote coordinated design, authenticity, visual interest, articulation, and human scale for the exterior of a building; and
      3. Character. Ensure that buildings include high-quality materials, are well-designed, and contribute to the character of the community.
   4. Parking, Loading, and Circulation.
      1. Character. Protect the character and quality of life in neighborhoods from excessive, obtrusive, or inadequate parking;
      2. Appropriate Size. Avoid large expanses of paved areas that disrupt pedestrian circulation, create or worsen flooding issues, and drive up development cost;
      3. Modes of Transportation. Accommodate or bolster the use of all modes of transportation including walking, bicycling, transit, and driving;
      4. Interference. Ensure that loading areas do not interfere with the function of other vehicular use areas and with surrounding properties; and
      5. Circulation and Stacking. Require circulation and stacking areas to ensure safe and efficient circulation and all transportation modes within sites.
   5. Landscaping, Fencing, and Buffering.

      1. Environment. Aid in stabilizing the environment’s ecological balance by contributing to the process of air purification, oxygen regeneration, stormwater runoff mitigation, and groundwater recharge;

      2. Nuisances. Aid in the abatement of noise and glare;

      3. Tree Canopy. Aid in energy conservation by preserving and supplementing the City's tree canopy;

      4. Fencing. Establish standards for the placement, height, and design of fences;

      5. Visual Buffering. Provide visual buffering between certain uses or developments, and relief from the built environment;

      6. Property Values and Beautification. Protect and enhance property values and public and private investment, and enhance the beautification of the City; and

      7. Installation and Maintenance. Establish requirements for the installation and maintenance of landscaping on developed properties in order to improve, protect, and preserve the appearance, character and value of such properties and their surrounding neighborhoods. 

   6. Signs. The purpose of Division 13, Signs, is to establish a comprehensive scheme for the regulation of signs within the jurisdiction of the City of Covington. These regulations are designed to protect and promote the public health, safety and welfare by controlling the type, number, location and physical dimensions of signs, to prevent the disruptions, obstructions and hazards to vehicular and pedestrian traffic that signs may cause, and to enhance the quality of the environment in residential and nonresidential districts. As a basis for adopting these regulations, the City of Covington finds:

      1. Signs are an essential form of communication in the built environment, providing way-finding guides to residents, visitors, public safety officials, customers and potential customers of local businesses, delivery people and others.

      2. Signs also provide communication on public issues, as the U.S. Supreme Court found in City of LaDue v. Gilleo: Signs that react to a local happening or express a view on a controversial issue both reflect and animate change in the life of a community. Often placed on lawns or in windows, residential signs play an important part in political campaigns, during which they are displayed to signal the resident's support for particular candidates, parties, or causes. They may not afford the same opportunities for conveying complex ideas as do other media, but residential signs have long been an important and distinct medium of expression.

      3. Retailers and other businesses depend on signs to help people find their businesses, and, in a large and expensive media market like that of Cincinnati (a market which includes Covington), many small businesses depend on signs as one of the most affordable forms of advertising.

      4. Although signs thus serve many important purposes in society in general and in Covington in particular, there are other considerations that the City of Covington weighs heavily.

      5. Signs may distract drivers and lead to deaths and injuries to pedestrians and cyclists as well as to drivers and passengers and to property damage. Moving, flashing and rapidly changing signs are particularly distracting to drivers. A proliferation of signs on a particular site can have the same effect as moving signs, as drivers try to sort through the visual cacophony to find the information that they want or need.

      6. The Covington City Commission, with the advice of the Kenton County Planning Commission and its professional staff, and with input from residents through the Kenton County Comprehensive Plan planning process, has placed an increasing emphasis on preserving the sense of place and the design of the built environment; limiting the size, height and number of signs is an important tool in preserving a sense of place, a tool that accompanies the County’s standards for landscaping.
      7. The Kenton County Comprehensive Plan recommends that policies, regulations and incentives be developed and implemented that preserve and improve the existing community fabric.

      8. Balancing these competing considerations is particularly difficult in residential areas, where people value both their pleasing and visually appealing environments and their ability to communicate their opinions regarding candidates and public issues through yard signs.

      9. In updating its ordinance in 2016 after the Supreme Court’s landmark decision in Reed v. Town of Gilbert, the Covington City Commission, working with Kenton County Planning and Desgin Services staff and an outside consultant, has made a major effort to limit content as a factor in its sign regulations. After due consideration, however, it has concluded that one way to leave room for extensive free expression through signs in residential areas while limiting total sign clutter is to maintain significant limits on commercial signs in residential areas. Recognizing the importance of “for sale” and “for lease” signs in maintaining the occupancy of healthy neighborhoods (see the U.S. Supreme Court decision in Linmark Associates, Inc. v. Willingboro), those signs must remain. There is a similar utility in providing for yard sale signs, which allow people to dispose of unwanted items without sending them to a landfill.

      10. Although as the Court found in Reed v Gilbert, time limits on signs can be arbitrary, as the Court recognized in 2009 in Pleasant Grove v. City of Summum, a significant distinction between speakers expressing an opinion and signs is that “Speakers, however long-winded, will eventually come to the end of their remarks.” Members of the Covington City Commission have long noted that signs for political campaigns as well as those advertising pancake breakfasts and spaghetti dinners for civic organizations are often abandoned after the events, contributing to clutter long after they have served their purpose. Although such signs were once typically paper or cardboard that would eventually decay, many today are plastic and will remain until removed. Thus, despite the expressed concern of the Supreme Court with time limits, the Covington City Commission finds that it has a substantial governmental interest in clarifying the status of signs for past events that thus no longer serve a purpose so that there is a legal basis for the City of Covington to remove them or force their removal.

      11. The City of Covington has long allowed unlimited numbers of small signs bearing non-commercial messages to allow merchants and others to designate handicapped parking places, provide directions to ATMs and restrooms, warn of guard dogs and other hazards and provide a variety of other place-based information. With the prohibition of commercial messages on such signs, it has been the observation of Covington City Commission Fiscal Court members and their professional staff members that property owners are judicious and appropriate in posting such signs. The City of Covington thus finds that it has a substantial interest in allowing merchants and property owners freely to post necessary informational signs but without allowing an endless proliferation of commercial messages.

      12. Although in findings above the City of Covington has recognized the multiple values of signs in the built environment, Covington officials after consultation with the Planning Commission and representatives of cities and towns in the County concluded several years ago that there is no place for signs of overwhelming size and no relation to context in an urban and urbanizing environment like Covington. Although previous versions of these regulations followed the pattern of state and federal laws by defining such billboard as “off-site” signs, this ordinance addresses the same issue by establishing a form of circuit breaker size limit, prohibiting very large signs on small lots, on vacant lots, or on lots with only small buildings.

      13. These are complex public policy issues, and the Covington City Commission with the help of its professional planners, attorneys and outside consultant, has attempted to balance the competing considerations in a way that it believes best protects the public health, safety and welfare of the citizens of Covington, including its many valued businesses and the tens of thousands of visitors who arrive or pass through the City of Covington each month.
   7. Environment. Promote the public health, safety, and general welfare and minimize public and private loss due to flooding by provisions designed to address the following elements: 

      1. Uses. Restrict or prohibit uses which are dangerous to health, safety, general welfare, and property due to water erosion hazards, or which contribute to erosion, flood height, or velocity;

      2. Flood Damage Protection. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      3. Human Alterations. Control the alteration of natural floodplains, stream channels, and natural protective barriers which accommodate or channel flood waters;

      4. Development Activities. Control filling, grading, dredging, and other development which may increase erosion or flood damage; and

      5. Flood Hazard Prevention. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas.

2. Timing of Compliance. No Certificate of Occupancy shall be issued per Sec. 07.21.4, Certificate of Occupancy, until all site improvements required in this Article are constructed in conformance with the approved permit or plan required in Article 158.07, Development Review Procedures.

Effective on: 10/15/2020

1. 1. Purpose and Permitted Districts. A Cluster Neighborhood is permitted in the RR and SR districts and consists of Single-Family Dwellings developed in accordance with the cluster development standards in this Section, with smaller lots that are clustered together in order to provide for additional common open spaces. Often, the common open space is set-aside for resource features such as parks, recreation areas, woodlands, creeks and streams and their Riparian Areas, floodplains, and the like. Therefore, cluster development may be used to preserve environmental resources by clustering development on the buildable portions of the property. See Figure 04.08.2-1, Illustrative Cluster Neighborhood.
   2. Minimum Site Area. The minimum site area required for a Cluster Neighborhood is 10 acres.
   3. Common Open Space Requirements.
      1. Common open space shall, to the greatest extent practicable, be interconnected with other open space areas, greenways, and trail systems (if provided) within the development and on abutting lands where such integration is practical and does not materially compromise the resource value of the protection areas.
      2. At least 25 percent of the required common open space shall consist of the Park open space type, established in Sec. 04.08.7, Civic and Open Space Types, and be improved with active or semi-active outdoor recreational amenities, such as public swimming pools, private swimming pools, play areas, ball fields, picnic tables, or walking trails. The remainder of the required common open space shall consist of the natural area open space type per Subsec. 04.08.7.G, Natural Areas.
      3. Open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would materially enhance natural resource management.
   4. Minimum Lot Area Adjacent to Other Development. Where adjacent to existing single-family development, cluster neighborhood lots on the perimeter shall be equal to or greater than the lot area and width of the adjacent lots. Alternatively, the dwelling units on the perimeter cluster lots shall be set back from the boundary of the cluster neighborhood a minimum of the following distances based on the number of cluster lots being developed:
      1. One to 10 lots: Required rear or side setback;
      2. 11 to 30 lots: 30 feet; and
      3. 31 or more lots: 50 feet.

Figure 04.08.2-1, Illustrative Cluster Neighborhood

3. Planned Neighborhood.
   1. Purpose and Permitted Districts. A Planned Neighborhood is permitted in the SR district. It allows four housing types, as delineated in Table 04.08.2, Cluster, Planned, and Tiny House Neighborhood Development Standards, and utilizes commonly-owned areas as organizing features. See Figure 04.08.2-2, Illustrative Planned Neighborhood.
   2. Minimum Site Area. The minimum site area required for a Planned Neighborhood is 10 acres.
   3. Abutting Different Building Types. 
      1. Different housing types within a planned neighborhood may be integrated together or may be located apart from one another with the required open space providing a buffer between the housing types.
      2. Where a planned neighborhood abuts, is adjacent to, or is located across an urban local street or urban minor collector street, as designated in Kenton County Comprehensive Plan, from existing housing, the proposed development on lots that are immediately adjacent and/or across the street from existing housing shall be comparable to the existing housing in terms of the housing type (unless such a housing type is not permitted per Table 04.08.2), scale, and method of access.
   4. Common Open Space Requirements.
      1. The required common open space may consist of any open space type permitted in the SR district and established in Sec. 04.08.7, Civic and Open Space Types.
      2. Where Single-Family Detached or Single-Family Attached dwelling units abut Duplexes, a bufferyard in accordance with Sec. 04.12.5, Bufferyards, may be used to provide for enhanced compatibility between housing types.
   5. Vehicular Access to Lots within Development. Lots shall take access to an interior street, alley, parking court, or shared driveway. If a perimeter street is also an urban local street as designated in Kenton County Comprehensive Plan, lots shall front on the perimeter street and may take access from it if the lots across the street also take access from the street.
   6. Minimum Lot Area Adjacent to Other Development. Where adjacent to existing single-family development, Planned Neighborhood lots on the perimeter shall be equal to or greater than the lot area and width of the adjacent lots. Alternatively, the dwelling units on the perimeter planned lots shall be set back from the boundary of the Planned Neighborhood a minimum of the following distances:
      1. One to 10 lots: Required rear setback;
      2. 11 to 30 lots: 75 feet; and
      3. 31 or more lots: 100 feet

Figure 04.08.2-2, Illustrative Planned Neighborhood

4. Tiny House Neighborhood.
   1. Purpose and Permitted Districts. A Tiny House Neighborhood is permitted in the SR and SU character districts. It allows a concentration of Tiny Houses, as delineated in Table 04.08.2, Cluster, Planned, and Tiny House Neighborhood Development Standards, and utilizes common areas as organizing features.
   2. Minimum Site Area. The minimum site area required for a Tiny House Neighborhood is three acres.
   3. Minimum Dwelling Units in SU District. A Tiny House Neighborhood in the SU character district shall include a minimum of 50 Tiny Houses.
   4. Tiny House Building Requirements. Tiny Houses that are part of a Tiny House Neighborhood shall be constructed on a permanent foundation. Tiny Houses on wheels or other non-permanent foundation are regulated as Recreational Vehicles and are prohibited from being part of a Tiny House Neighborhood.
   5. Bufferyard Requirements. Where located adjacent to a separate property in an RR, SR, SU, or mixed use district, a Type II bufferyard in accordance with Sec. 04.12.5, Bufferyards, shall be planted around the outer perimeter of the community.
   6. Required Vehicular Access to Tiny House Neighborhood. A Tiny House Neighborhood requires direct access from a collecter or arterial street.
   7. Required Lot Access. 
      1. Each lot or building site shall have direct access to public rights-of-way or to an access easement.
      2. Access within a Tiny House Neighborhood requires:
         1. A minimum pavement width of 30 feet for a minimum distance of 60 feet from a public right-of-way;
         2. A minimum pavement width of 24 feet for two-way traffic or 15 feet (with an unobstructed width of 24 feet) for one-way traffic for a minimum distance of 60 feet from a public right-of-way; and 
         3. In the SR district, a maximum cul-de-sac length of 150 feet and with a minimum turning radius adequate for emergency vehicles.
      3. A cul-de-sac in a Tiny House Neighborhood is prohibited in the SU districts.
   8. Required Elements. A tiny house community shall include the following common elements:

      1. The minimum open space required by Table 04.08.3.O, Tiny House, shall include natural or planted open space, improved pedestrian walkways to each dwelling, and connections to the public sidewalk network;

      2. A shared parking area, a common building used for recreation and/or storage, a picnic area, community garden space, or other common amenity; and

      3. If a common building is provided, it shall not exceed 1,000 square feet of gross floor area and shall not be used as a permanent dwelling unit.

5. Sample Calculations for Maximum Permitted Number of Units.

1. Cluster. In the SR district, cluster neighborhood type:

1. 1. 1. 1. Parcel Size: Assume a 40-acre parcel proposed for development
         2. Required Open Space: 40 acres multiplied by a minimum open space ratio of 0.25 (required in Minimum open space ratio in Table 04.08.2, below) = 10 acres
         3. Buildable Acres: 40 acres minus 10 acres of open space = 30 buildable acres
         4. Maximum Permitted Units: 30 buildable acres multiplied by 1.5 units per acre = 45 units (as opposed to 40 units in a non-cluster neighborhood)

2. Planned. In the SR district, planned neighborhood type:

1. 1. 1. 1. Parcel Size: Assume a 40-acre parcel proposed for development
         2. Required Open Space: 40 acres multiplied by a minimum open space ratio of 0.45 (required in Minimum open space ratio in Table 04.08.2, below)=  18 acres
         3. Buildable Acres: 40 acres minus 18 acres of open space = 22 buildable acres
         4. Acres per Building Type. In this sample calculation, the developer has chosen to split their 22 buildable acres into 3 acres of single-family detached, 10 acres of single-family attached, 4 acres of duplexes, and 5 acres of lot line dwellings per the following:
            1. Acres of Single-Family Detached: 3 acres of single-family detached multiplied by 2.825 units per acre = 8 units
            2. Acres of Single-Family Attached: 10 acres of single-family attached multiplied by 5.932 units per acre = 59 units
            3. Acres of Duplexes: 4 acres of duplexes multiplied by 3.387 units per acre = 14 units
            4. Acres of Lot Line: 5 acres of lot line multiplied by 4.088 units per acre = 20 units
         5. Maximum Permitted Units: 101 mixed housing units total (as opposed to 96 units in a cluster neighborhood or 83 in a non-cluster neighborhood)

6. Development Standards. Table 04.08.2, Cluster, Planned, and Tiny House Neighborhood Development Standards, sets forth the standards for these residential neighborhood types. The standards in this table supercede the standards for specific housing types in Sec. 04.08.3, Housing and Building Types, where applicable to the Rural Residential (RR), Suburban Residential (SR), and Semi-Urban Residential (SU) districts.  See Division 28, Calculations and Measurements, for the methodology of measuring the standards in each column heading under Development Standards and Lot and Building Standards in the table.

7. Requirements for Phased Developments. The maximum residential development capacity of the entire parcel proposed for development shall be used for calculating compliance with the minimum open space ratio and maximum dwelling units per acre set out in Table 04.08.2, Cluster, Planned, and Tiny House Neighborhood Development Standards. In addition, the required open space shall be proportionately provided per phase. 

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

1. 1. Temporary Use Permit. Any owner of a temporary structure shall receive and display a valid temporary use permit from the Administrator. Any activity taking place within or on the temporary structure shall comply with the standards in Sec. 03.07.8, Temporary Uses. 
   2. Duration. The maximum duration of a temporary structure is for 30 days at one location, renewable up to 2 additional times, for a total period of 90 days per calendar year at a single location.
   3. More than Two Renewals.  A Conditional Use Permit in accordance with Sec. 07.23.2, Conditional Use Permit, shall be required if an applicant wishes to renew a temporary use permit for the same or similar structure on the same property more than two times in a calendar year. 
   4. Property Owner's Permission. The owner of a temporary structure shall obtain, in writing, the permission of the property owner to place a temporary structure on his or her property and shall submit a copy to the Administrator.
   5. Right-of-Way.  The placement of a temporary structure in the public right-of-way shall require an Encroachment Permit from the Director of Public Works. A temporary structure in the public right-of-way shall not require a zoning permit.

2. Specific Standards. The following standards shall apply to specific temporary structures, which shall require a Temporary Use Permit.
   1. Outdoor Dining (Nonresidential). 
      1. A decorative fence, wall, or similar barrier shall be erected and maintained between an outdoor dining area and a right-of-way. The fence, wall or barrier shall be at least three feet in height.  The barrier shall be designed to permit access from the building to the adjacent public right-of-way.
      2. Outdoor waste and recycling receptacles for customers shall be provided, conveniently located, regularly serviced, and maintained.
   2. Portable Storage.

      1. Portable storage containers that are not deemed a permanent structure are prohibited within a Residential or Mixed-Use district or upon a vacant Commercial and Office or Industrial lot, except where the containers provide necessary storage for an active construction project, are necessitated by an unforeseen and uncontrollable event, or to assist in moving in or out of a residence.

      2. A portable storage unit shall not encroach into setbacks or over sidewalks.

      3. On nonresidential parcels, the unit shall be located behind the principal building.

      4. The maximum duration of a portable storage unit shall be two weeks if located in a residential driveway. The maximum duration shall be three months if it is located behind a principal building and screened from view from public rights-of-way and surrounding residential and mixed-use properties.

      5. Storage containers that comply with the building code shall be deemed a permanent structure and shall comply with the applicable requirements of Sec. 04.10.4, Exterior Material Standards.

   3. Temporary Construction Office or Equipment Storage. The office or equipment storage shall be permitted from the time a Building Permit is approved until 30 days after a Certificate of Occupancy is issued.

3. Exemptions.  The following temporary structures shall not require a Temporary Use Permit but shall comply with the standards in Subsection A., General, above and may require other approvals according to the Code of Ordinances. 

   1. Garage or yard sales;

   2. Outdoor seasonal produce sales;

   3. Sidewalk sale; and

   4. Parklet.

4. Temporary Uses. Refer to Sec. 03.07.8, Temporary Uses, for provisions related to temporary uses.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Effective on: 10/15/2020

Effective on: 10/15/2020

Effective on: 10/15/2020

Effective on: 10/15/2020

3. Allowances for Maximum Height Standards.
   1. Exemption. Except as provided below, the height limitations of this NDC do not apply to mechanical equipment and electrical penthouses, spires, towers, smokestacks, and other similar features, provided they comply with all other applicable City standards and FAA regulations.
   2. Residential and Mixed-Use Districts. In residential and mixed-use character districts, mechanical equipment and required screening, electrical penthouse, stairway enclosures, and elevator penthouses that exceed the allowable building height shall:
      1. Be set back at least 20 feet from the front of the building; and
      2. Not exceed the greater of nine feet in overall height or extend more than five feet above the building parapet.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Table 04.10.4-2, Primary Materials
Material	Image
Brick, including thin brick or brick veneer
Architectural (textured - not smooth face) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks
Glass
Ceramic​​​​
Terra cotta
Natural stone or cultured stone that simulated natural stone, limestone, granite, marble, and terra cotta

Table 04.10.4-2, Primary Materials
Material	Image
Brick, including thin brick or brick veneer
Architectural (textured - not smooth face) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks
Glass
Ceramic​​​​
Terra cotta
Natural stone or cultured stone that simulated natural stone, limestone, granite, marble, and terra cotta

Table 04.10.4-2, Primary Materials
Material	Image
Brick, including thin brick or brick veneer
Architectural (textured - not smooth face) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks
Glass
Ceramic​​​​
Terra cotta
Natural stone or cultured stone that simulated natural stone, limestone, granite, marble, and terra cotta

Table 04.10.4-2, Primary Materials
Material	Image
Brick, including thin brick or brick veneer
Architectural (textured - not smooth face) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks
Glass
Ceramic​​​​
Terra cotta
Natural stone or cultured stone that simulated natural stone, limestone, granite, marble, and terra cotta

1. 2. Standard. The standard building materials used for exterior finishes are shown in Table 04.10.4-3, Standard Materials, below:

Table 04.10.4-3, Standard Materials
Material	Image
Stucco (Portland cement plaster) with three coats over metal lath or wire fabric lath
Precast concrete panel (tilt-wall) incorporating exposed aggregate, hammered, or sandblasted surfaces, or covered with a decorative cement-based acrylic coating
Lap siding (wood, composite, fiber cement siding, or vinyl) in the residential districts
Pre-finished architectural metal panel, which may or may not include an embossed finish with an appearance of masonry or stucco
Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited)
Metal siding

Table 04.10.4-3, Standard Materials
Material	Image
Stucco (Portland cement plaster) with three coats over metal lath or wire fabric lath
Precast concrete panel (tilt-wall) incorporating exposed aggregate, hammered, or sandblasted surfaces, or covered with a decorative cement-based acrylic coating
Lap siding (wood, composite, fiber cement siding, or vinyl) in the residential districts
Pre-finished architectural metal panel, which may or may not include an embossed finish with an appearance of masonry or stucco
Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited)
Metal siding

Table 04.10.4-3, Standard Materials
Material	Image
Stucco (Portland cement plaster) with three coats over metal lath or wire fabric lath
Precast concrete panel (tilt-wall) incorporating exposed aggregate, hammered, or sandblasted surfaces, or covered with a decorative cement-based acrylic coating
Lap siding (wood, composite, fiber cement siding, or vinyl) in the residential districts
Pre-finished architectural metal panel, which may or may not include an embossed finish with an appearance of masonry or stucco
Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited)
Metal siding

Table 04.10.4-3, Standard Materials
Material	Image
Stucco (Portland cement plaster) with three coats over metal lath or wire fabric lath
Precast concrete panel (tilt-wall) incorporating exposed aggregate, hammered, or sandblasted surfaces, or covered with a decorative cement-based acrylic coating
Lap siding (wood, composite, fiber cement siding, or vinyl) in the residential districts
Pre-finished architectural metal panel, which may or may not include an embossed finish with an appearance of masonry or stucco
Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited)
Metal siding

4. Substitution Materials.
   1. Accent materials other than those listed above may be substituted on up to 10 percent of any street-facing façade.
   2. The materials in 04.10.4-2, Standard Materials, may be substituted with architectural glass (other than windows or doors), spandrel glass, or polished metal panels with less than 20 percent reflectance for up to 30 percent of any building facade.
5. Prohibited Materials. The following exterior walls, siding, and cladding are prohibited:
   1. Painted brick, manufactured stone, and cementitious stucco.
   2. Unfired clay, sand, or shale rock; and
   3. Plywood or wood fiber;
   4. Plastic siding;
   5. Vinyl siding (non-residential development);
   6. Smooth-faced concrete block; 
   7. Corrugated metal panel;
   8. Corrugated galvanized metal; and
   9. Aluminum siding or cladding.
6. Alternative Materials. Other building materials, that are not listed as approved or prohibited, may be used by approval of the Administrator if it is demonstrated by material specifications that they have comparable durability, impact resistance, and aesthetic quality as the approved materials and either they are part of a building:
   1. That is EPA certified and designed to earn ENERGY STAR, and the materials substantially improve the energy efficiency of the building compared to approved materials; or
   2. Designed for bronze (or higher) certification in Leadership in Energy and Environmental Design ("LEED"), and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists.

7. Habitable Shipping Containers. A shipping container or group of shipping containers may be re-purposed as a habitable structure provided that they are modified to comply with the Building Code. Such containers shall comply with all requirements of this NDC with which a conventional building shall comply. 
8. Minor Modifications. In order to ensure that a certain degree of design flexibility may be applied to the building material requirements, the Administrator may approve minor deviations where an alternative and equivalent material is proposed that meets the intent of this Section. Minor modifications are to be used when a negligible modification is requested and there is an unlikelihood of any adverse effects. Examples of these modifications include: 
   1. Interpretations of street-facing facades;
   2. A substitute material is proposed that exhibits an equal or greater durability and lifecycle, construction quality, and imperceptible aesthetic;
   3. An alternative material is proposed that is of greater energy efficiency and is of equal or greater integrity than a required material;
   4. A proposed substitution material warrants interpretation as to its building application to a building element or its relative proportional allowance; and
   5. Other similar minor deviations of little to no material consequence.
9. Major Modifications. Where this Section applies to a development, and modifications from these standards do not fit the criteria of a minor modification, above, the development shall require a Design Waiver per Sec. 07.23.6, Design Waiver.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

2. Smaller-Scale Redevelopment. Utilities for redevelopment projects that are less than 60,000 square feet in site area shall not require the underground placement of utilities.
3. Exceptions. Nothing in this Section shall prohibit:
   1. Construction and Emergencies. The temporary aboveground location of utility lines during construction or emergency conditions;
   2. Replacement, repair, and Maintenance. Replacement, repair, or maintenance of existing aboveground utility lines by a utility provider; 
   3. Natural Constraints. Above-ground utility lines where underground location would not be feasible due to soil conditions, physical obstructions or terrain; or
   4. Appurtenances. The at- or above-grade level location of transformers, service or meter pedestals, and similar accessory installations.
   5. Typical Above-Ground Utilities. Typical above-ground utilities including all above-ground utility lines necessarily or customarily extending above-grade level in an underground utility line system, including, but not limited to:

1. 1. 1. Poles used exclusively for street or area lighting or traffic control signals;
      2. Radio, television, and wireless communication towers and antennas;
      3. Off-site utilities that serve properties adjacent to but not within areas being developed or redeveloped;
      4. Electric distribution or transmission lines with capacities of 3,000 KVA or more;
      5. Utility lines that cross alleys; 
      6. Utility lines that traverse floodplains, drainage easements, major drainage ways, or other areas where there is frequently standing water.

4. Access. Adequate access for underground utilities shall be provided at no cost to the utility.
    

Effective on: 10/15/2020

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

3. Maneuvering Space.
   1. Prohibited.
      1. In order to park, load, unload, or stack, no vehicle use area shall require a vehicle to maneuver into a public right-of-way except in the case of a single- or two-family dwelling unit or where vehicular access is from an alley.
      2. In addition, no VUA shall: 
         1. Hinder the free movement of pedestrians and vehicles over a sidewalk or street; or
         2. Overhang or encroach into a public right-of-way, including a sidewalk or into a walkway on private property, except where an encroachment permit is granted; or 
         3. Overhang or encroach an adjacent property under separate ownership except where an easement, shared driveway, or private street as described in the Kenton County Subdivision Regulations, is in place. 

   2. Dimensions. Parking, loading, and stacking space dimensions are exclusive of access drives or aisles. All such spaces shall have a vertical clearance of at least seven feet.

4. Location. Except as permitted in Sec. 04.11.6, Credits and Reductions, a vehicle use area required by this Division shall be located within 400 feet of or on the same property as the building, use, or structure it serves.
5. Generally Required Setback. The perimeter of all vehicle use areas (VUAs) larger than 1,200 square feet shall set back at least seven feet from front street and side street property lines, as identified per Sec. 09.28.4, Lots and Lot Lines, with adequate screening provided per Sec. 04.12.4, Screening and Fencing.
6. Marking. Except as provided in this Division, all off-street parking and loading spaces shall be clearly marked.
7. Calculations.
   1. Accessory Uses and Structures. The basis of calculation, including but not limited to, gross floor area, dwelling units, or number of beds, for required or permitted parking shall be based on the principal use or structure together with accessory uses and structures on-site.  ​​​​​​
   2. Fractions. If the final calculated number of required parking, loading, or stacking spaces includes a fractional space, the number of required spaces is rounded down to the previous whole number.
   3. Multiple Nonresidential Uses. If several nonresidential uses occupy a single parcel or building, the parking requirements shall be calculated separately for each use within the development,  or as set out in Sec. 04.11.6,  Credits and Reductions, whichever results in a lesser number of minimum and/or lesser number of maximum required spaces.
8. Surfacing and Drainage. All vehicle use areas shall be graded, surfaced, and maintained so that water does not accumulate, flow, or drain onto abutting public or private property. The surfacing of vehicle use areas shall consist of asphalt, concrete, pervious materials, impervious materials, or other such material approved by the Director of Public Works.
9. Dedication of Spaces. Off-street parking, loading, and stacking spaces shall not interfere with one another nor shall they be used interchangeably to meet one another's requirements except that Retail Repair, Sales, and Service use types may utilize off-street parking spaces for loading and unloading provided that the loading and unloading only takes place outside of business hours.
10. Unlisted Uses. Upon receiving a development application for a use not specifically addressed in this Division, the Administrator shall apply the off-street parking standard specified for the use that the Administrator deems most similar to the proposed use according to Sec. 03.06.2, New and Unlisted Uses, or require that the applicant provide a special study according to Sec. 04.11.5, Special Studies.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

1. 1. Dimensions. The area is at least 9 feet wide and 20 feet deep in dimension and is not part of an access drive to a private garage or carport;
   2. Encroachment. The area does not encroach upon a public sidewalk;
   3. Surface. The area has an improved hard surface; and
   4. Access. The area is accessible from the street or alley.

3. Minimum and Maximum Ratios.
   1. Applicability. The Minimum Spaces Required and the Maximum Spaces Permitted columns in Table 04.11.3 apply to the following character districts:
      1. Rural Residential (RR);
      2. Suburban Residential (SR);
      3. Auto-Urban Commercial (AUC);
      4. Suburban Office (SO); 
      5. Suburban Industrial (SI); and
      6. General Industrial (GI).
   2. Maximum Only. For any character district not listed in paragraph 1, Applicability, above, only the Maximum Spaces Permitted column in Table 04.11.3 shall apply. 

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Effective on: 10/15/2020

1. 3. Maximum Parking. Where maximum parking ratios apply, the maximum number of permitted shared spaces shall be 125% percent of the number derived from Table 04.11.6-1. 
   4. Location of Shared Parking Facility. A use for which an application is being made for shared parking shall be located within 600 feet walking distance of the shared parking, measured from the entrance of the use to the nearest parking space within the shared parking lot along a sidewalk. .
   5. Agreement. An agreement providing for the shared use of parking, executed by the parties involved, shall be filed with the Administrator, in a form approved by the Administrator. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking shall be provided as otherwise required by this Division.

3. On-Street Parking Credit.
   1. Applicability. On‐street parking spaces may provide credit to satisfy the minimum parking space requirements except in the RR, SR, Commercial and Office (as provided in Sec. 02.04.2), and Industrial (as provided in Sec. 02.04.4) character districts or on any property adjacent to a street where on-street parking is prohibited. The use of on‐street parking spaces to satisfy minimum parking requirements in no way guarantees the use of such parking spaces to customers, employees, or visitors of the subject property. 
   2. Location and Availability. On-street spaces shall be located on a public or private street, shall be available to the general public, and directly abutting the subject property.
   3. Prohibited Parking. Bus stops, clear zones adjacent to curb cuts, and other areas in which parking is prohibited shall not be included in the calculation of available on‐street parking spaces.
   4. Dimensions. An on‐street parking space shall be a minimum of 20 feet in length.  A minimum of 16 linear feet of an on-street parking space shall be directly adjacent to the subject property in order to be counted as a parking space.
4. Off-Site Parking Credit. Off-site parking spaces may provide credit to satisfy the minimum parking space requirements in any nonresidential or Mixed-Use character district subject to the following: 
   1. Generally. The parking lot complies with all applicable requirements of this NDC; and
   2. Location. The off-site parking lot is within 300 feet of the subject property, measured from the nearest property lines along a sidewalk; and
   3. Character District. The parking lot is wholly within a Commercial and Office, Mixed-Use, or Industrial character district.
5. Bicycle Parking Credit. For every five bicycle parking spaces provided in excess of those required in Subsec. 04.11.4.G, Bicycle Parking, the minimum vehicle parking requirement shall be reduced by one space, for a maximum of a 15 percent reduction in required parking. Existing parking may be converted to take advantage of this provision. 
6. Mass Transit Credit. A 10 percent reduction in the minimum vehicle parking requirement shall apply to any nonresidential or mixed-use development within 200 feet of a designated Transit Authority of Northern Kentucky transit route.
7. Hillside Parking Credit. A 20 percent reduction in the minimum vehicle parking requirement shall apply within the Hillside Stability (HS) secondary district for parking areas with the following characteristics:

   1. Structured parking in compliance with Subsec. 04.11.4.F, Vehicular Structured Parking;

   2. Outdoor parking that is located on the uphill side of the building; or

   3. Parking areas located on existing flat portions of the site.

       

Effective on: 10/15/2020

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Effective on: 10/15/2020

1. 3. Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area where the tree is located. If there are no requirements for that area, the credit applies in the following order of descending priority: 
      1. Site landscaping requirements;
      2. Parking lot landscaping requirements; and
      3. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.
   4. Replacement of Credited Trees. Should any tree for which credit is received under the provisions of this Section die or be removed at any time, the owner shall, within 90 days, replace the tree. The owner shall replace the tree with the number of credited trees. (For example, if a 14"-caliper existing tree dies, then the owner shall replace the tree with seven new canopy trees.) The replacement trees shall be of equivalent species or a species that will obtain the same height, spread and growth characteristics.

Effective on: 10/15/2020

Figure 04.12.4-1, Vehicle Use Area Screening

1. 2. Natural Screening. Where vegetative or topographic conditions that provide natural screening exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such conditions to the satisfaction of the Administrator or Planning Commission, as required by this section.
   3. Access. This screening requirement is not to be interpreted as prohibiting the installation of or provision for openings reasonably necessary for access drives and walkways.
   4. Bumper Overhangs. Notwithstanding the other provisions of this NDC, the front or rear bumper overhang of vehicles parked within the VUA may encroach upon the required minimum street setback up to a maximum distance of two feet. This allowed overhang area may be included in the calculation of the required depth of each abutting parking space.
2.  VUA Screening from Residential and Institutional Use.
   1. Screening. Screening of a vehicle use area (VUA) from residential and civic uses in the same character district shall consist of a Type II Bufferyard as established in Sec. 04.12.5, Bufferyards.
      1. Chain-link fences are prohibited.
      2. Walls or fences used for screening shall be constructed out of masonry or wood and shall be:
         1. Complimentary in materials to the principal building; 
         2. Planted with vines; or
         3. Decorated in a manner that is complementary or historically or architecturally appropriate to the neighborhood.
      3. Notwithstanding the other provisions of this NDC, the front or rear bumper overhang of vehicles parked within the VUA may encroach upon the required street minimum setback up to a maximum distance of two feet. This allowed overhang area may be included in the calculation of the required depth of each abutting parking space.
   2. Fencing. Ornamental fencing is required to be installed along the perimeter of VUAs adjacent to front and street side property lines and abutting any existing street yard of property located within a residential or mixed-use character district.
      1. The required ornamental fencing shall be installed behind the required perimeter landscape area, at least five feet from abutting property lines.
      2. Required fences are limited to a height of no more than four and one-half feet above grade unless the Administrator determines that the fence is necessary for security purposes, in which case the fence may be a maximum of six feet in height.
3. Loading Area Screening. Refer to Sec. 04.11.4.H.6, Design and Layout, for screening requirements for off-street loading areas.

4. Fences and Walls.  
   1. General.
      1. The construction of a new fence or wall, or reconstruction of at least 50 percent of an existing fence or wall, shall comply with the standards of this Subsection. The height standards of this Subsection do not apply to fences or walls required for bufferyards, as set forth in Sec. 04.12.5, Bufferyards. A fence or wall may encroach upon any required yard, provided the fence or wall is aligned parallel or radial to the adjacent property line.  A fence may be placed along and be extended to any lot line provided that the height and other requirements of this Section are met. 
      2. No fence or wall may: 
         1. Encroach upon a public right-of-way without a license in accordance with Section 96.01, Encroachments on or in the Public Right-of-Way, of the City Code;
         2. Conflict with corner visibility as set forth in Sec. 09.28.5, Sight Triangle; 
         3. Interfere with any utility line; or
         4. Obstruct any required access point.
      3. Fences proposed within the Historic Preservation (HP) secondary district, the 12th Street (TS) secondary, district, and KRS Chapter 99 Development Plan Areas that include design guidelines are subject to the provisions in Sec. 07.21.3, Certificate of Appropriateness (Staff) or Sec. 07.23.7, Certificate of Appropriateness (BOARD).
   2. Materials.
      1. Fences and walls shall be constructed of permanent, durable materials, including but not limited to, brick, stone, concrete, textile block, wood, iron, or steel.
      2. No fence or wall may be constructed of barbed wire, concertina wire, razor wire, electrically charged wire, railroad ties, standard, fluted, or split face concrete masonry units (CMU), scrap metal, tarps, recycled materials, or any other material determined by the Chief Building Official to be detrimental to the public health, safety, and welfare.
   3. Classification of Fences and Walls. Fences and walls are classified as follows.
      1. Class 1: Masonry walls;
      2. Class 2: Ornamental metal, 80% or more open;
      3. Class 3: Woven wire, including chain link, 80% or more open;
      4. Class 4: Wood or other materials (excluding woven wire and chainlink), 50% or more open;
      5. Class 5: Wood or other materials less than 50% open, including solid fences;
      6. Class 6: Hedges;
      7. Class 7: Barbed wire or sharp-pointed fences; and
      8. Class 8: Earthen or concrete walls intended to contain or redirect flooding waters
   4. Height. Fences or walls are subject to the height standards in Table 04.12.4, Maximum Fence and Wall Height. Refer to Sec. 09.28.1, Buildings, Walls, and Fences, for the height measurement methodology for walls and fences. Refer to Sec. 09.28.3, Setbacks, for a depiction of what constitutes street, street side, interior side, and rear yards and setbacks. The height of a fence does not include the height of a retaining wall it is constructed on top of.